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(영문) 의정부지방법원 2017.09.29 2017가단103542

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. ① A and the Plaintiff are married couple, D (the Plaintiff’s attorney in this case), E, and F are the children of the above married couple, G was the wife of D, and D and G were divorced.

② The Defendant is a lawyer.

B. A dispute arises between the above couple and F concerning the property of the above couple, and the above couple entrusted the defendant with taking civil and criminal measures against F on February 9, 2010, and the defendant accepted this (hereinafter the above contract between the above couple and the defendant). The commencement amount of the above delegation contract was KRW 10,000,000, and the success fee was 15% of the economic benefits acquired in favor of the defendant.

C. D on February 9, 2010, remitted the amount of KRW 10,000,000 under the delegation contract as above to the Defendant.

On February 10, 2010, the defendant filed an application for provisional attachment of claims with the creditor or F as the debtor under the above delegation contract and received the decision of acceptance on February 25, 2010. ② On the same day, the above couple and E were the complainants, F and G as the defendant's defendant's office, and filed an application for provisional attachment of claims with the creditor or F as the debtor. ③ On February 11, 2010, the defendant filed an application for provisional attachment of claims with the above husband and wife under the above delegation contract with the Government District Court 2010Kadan983, the defendant filed an application for provisional attachment of claims with the above husband and wife as the petitioner, and the above husband and wife as the debtor, and filed an application for provisional attachment with the Government 2010Kadan50130,500,000,000,0000,000,0000 won. < Amended by Presidential Decree No. 220310, Feb. 26, 20101>

E. From the above conciliation procedure, the conciliation was concluded on March 16, 2010, that “F shall pay the Plaintiff KRW 300,000,000 to the Plaintiff by March 31, 2010.”

F. The Defendant receives the remittance of KRW 125,804,515 from F on March 24, 2010 in accordance with the above conciliation result.